[HISTORY: Adopted by the Town Board of the Town of Stockport 2-8-1964. Amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Stockport, New York, declares its intention in so doing is to regulate, control and license the activities or businesses known as "automobile graveyards," junkyards, secondhand parts collection areas, the processing of used metals for resale and the dumping, storage and disposal of waste, secondhand or used materials of whatever composition. Said Town Board hereby declares that such activities or businesses can constitute a hazard to the health, safety and general welfare of the inhabitants of the Town of Stockport, New York; that materials collected into such areas may constitute attractive nuisances to children and certain adults. It is therefore deemed necessary by the Town Board of the Town of Stockport, New York, to enact this chapter for the general health, safety and welfare of the residents of said Town.
No building or structure shall be erected or plot of ground be used or any existing building or plot of ground be used within the limits of said Town of Stockport for the purpose of establishing and operating a junkyard, so-called "automobile graveyard," or the accumulation of junk, auto or machinery parts or bodies, refuse or litter, unless such building, structure or plot of ground be situated more than 100 feet from any dwelling or apartment house or place of human habitation or building used for business purposes, except the business building or personal dwelling of the business operator; and unless such building, structure or plot of ground so used for the purposes herein stated shall be situated more than 100 feet from any state, county or Town road or highway within the limits of the Town of Stockport.
The area to be used for such purposes shall be enclosed by a fence at least eight feet high, constructed by close mesh wire or of other material acceptable to the Town Board; except that openings, not exceeding two and not more than 15 feet wide, shall be permitted for the purpose of ingress and egress. Said openings shall be protected by gates which shall be locked when the premises are unattended.
The licensee or operator of such area shall not burn junk, automobiles, auto parts or machinery or cause obnoxious odors at any time in such area and shall keep the area free from rodents and other vermin.
No person shall engage in or conduct on real property within the Town of Stockport, New York, either for himself or on behalf of any other person, directly or indirectly, as agent or otherwise, any activity or business, either for profit or otherwise, which involves the collection, storage, dumping, disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage or disposal or otherwise of bodies, engines or parts of automobiles or of any other secondhand or used material, without first obtaining a license as hereafter provided.
Each applicant for a license hereunder must be 21 years of age and shall execute under oath an application therefor, to be supplied to him by the Town Clerk, which shall contain the following information: the date and place of birth of the applicant; whether he is a citizen of the United States; whether he has ever been convicted of a felony or misdemeanor; a description of the exact type of business he intends to conduct; the nature of the materials he intends to handle; the name(s) and address(es) of the owner(s) of the land; and the nature of the right of occupancy of the applicant to use such land.
The applicant shall also file with the Town Clerk a map or plan of the real property upon which he intends to conduct the activity or business for which he is making application for a license hereunder; the location of the fence required hereunder with gated openings indicated; the location of any buildings thereon; and the location of any streets, roads or highways abutting or passing through such land, as well as the general drainage pattern of such land. In the application, the applicant shall acknowledge that, if granted the license, he will conduct the activity or business pursuant to the regulations provided in this chapter, and that, upon his failure to do so, such license may be revoked forthwith.
[Amended 8-5-1998 by L.L. No. 1-1998]
The fee for the license shall be set from time to time by resolution.
Such license shall be displayed in a conspicuous place at the licensee's place of activity or business for which it is issued.
Such license shall be effective from the date of its issuance until and including the 31st day of December of the year of such issuance, after which a new application for license must be made annually if the licensee desires to continue such activity or business.
Such license shall be personal to the licensee and shall not be transferable or assignable.
This chapter is not intended to operate to prejudice the reasonable rights of those persons who already have been operating junkyards or other such establishments described above and for whom compliance with the provisions of this chapter may be unreasonably burdensome. Therefore, if they can do so without creating a nuisance, these parties who are, on January 15, 1964, operating such establishments can continue to operate their businesses although they may not comply with the provisions of § 79-2 above. However, they may not extend the area in use on January 15, 1964, without compliance in regard to such extension with all of the provisions of this chapter, including, without limitation, the obtaining of a license as provided by §§ 79-4 through 79-10 with respect to the area to which the yard limits shall be extended.
[Amended 8-5-1998 by L.L. No. 1-1998]
A violation of this chapter is an offense, punishable by a fine of not more than $250 or imprisonment in the county jail for a term of not more than 15 days, or both. Conviction for any violation may constitute a forfeiture of the license if the court having jurisdiction deems such penalty appropriate in the circumstances.